Yes you can approach the court for the registration of property and declaration suit as property is transferred by PoA 30 years you have valid possession of.the property further after the Sc judgement though now transfer by POA is not valid but transfer prior 2008 are valid and can be legitimised.
Registration of property purchased on PoA
Hi, my father in law in Jammu purchased a property on PoA. That was almost 30 years back. Now to get the property registered in his name he approached the owner and signor of the PoA who is now asking for more money. Can we approach the Court and get a direction for the owner to cooperate for registration of the property? The electricity connection and water connection has been in my father-in-law's name since last 20 years or so and they have been living there for at least 20 years plus.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Dear Client,
Purchase of property through POA usually done to evade stamp duty. Property cannot registered on the basis of POA but can be sold to third party than it will get registered in buyer name.
Through Court, Property can be declare in his name by adverse possession but this will bring useless litigation which is not advisable.
on basis of POA executed by seller in your father name your father can sell the property
2) he can also execute gift deed in his wife favour on basis of POA
3) i presume POA is duly registered
Dear sirs, the PoA is registered. There is also a sale deed in favor of my father. To get the property registered, I understand he can either sell it to my mother-in-law or gift her through a gift deed and then the property can be registered in my mother-in-law's name. This way the property remains within the family. Is it correct? The entire purpose is to let the property remain within the family so that children of my in-laws can lawfully inherit the same.
Asked 6 years ago
on basis of POA your father in law can either sell or execute gift deed of the property
2) the property would remain within family
Gift Deed is permissible only if specifies in terms of POA. Sale is valid.
There is also a sale deed in favor of my father ???? Your father ? If sale deed is there, what is the problem ,
If sell deed is there with father along POA it is already registered to father but since in case your sale deed is not registered yes he can transfer further through a registered deed of sale or gift and can get it registered to any other family member. Further father can also file declaration based on the sale deed and POA and possession in this way property shall be registered and he shall not have to transfer to any third person in family. So you can go around by either way
1) POA has been registered so your father-in-law can sell or transfer the property to on other person name.
2) If you have POA we can review it at reasonable rate.
This is my response to you:
1. The property is in the name of your father-in-law;
2. Therefore he is the owner by all means;
3. He can effectively transfer it to anybody he pleases either by Gift Deed or through a Will;
4. Your father-in-law can make a Will in favour of his wife and after his wife subsequently to their children;
5. You should not face any legal problems, if your father-in-law has all the documents in his favour.
The POA deed is not a title document.
Ownership cannot be claimed on that basis.
However since the proeprty is in his possession for over 20 years, he may file a suit for declaration of title to his name and also seek direction to the seller to execute the registered sale deed on his name based on the settlement of full sale consideration amount.
If he has a registered sale agreement also in his favor, then in the capacity of POA, he can sell the property either to his wife's name or to himself.
If the registrar is inciting on the life certificate of the principal, then you may issue a legal notice to the seller about this and obtain a life certificate through court by summoning him to court.